MOGOENG J/FRONEMAN J
4.
The Minister of Safety and Security is liable for damages suffered by the
applicant as a result of the conduct of Mr van Wyk on 15 October 1998.
5.
The Minister of Safety and Security is ordered to pay costs of the
applicant in this Court, the Supreme Court of Appeal and the High
Court.
FRONEMAN J:
[87] In K v Minister of Safety and Security this Court extended the traditional
requirements of vicarious liability to include situations where—
―even though the acts done have been done solely for the purpose of the employee,
there is nevertheless a sufficiently close link between the employee‘s acts for his own
interests and the purposes and the business of the employer.‖ 1
K was a case involving the rape of a woman by policemen. This case also involves a
rape by a policeman. It is no part of the work of policemen to rape women, but it is
part of their duty to protect women from being raped. At issue here is whether the
state should be held responsible, in the particular circumstances of this case, for the
conduct of the policeman (Mr van Wyk) who raped the applicant.
1
[2005] ZACC 8; 2005 (6) SA 419 (CC); 2005 (9) BCLR 835 (CC) (K) at para 32.
33
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